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Holland & Usry, P.A.

I didn’t take the breath test in my DUI. Will I be automatically convicted?

No. Refusing a DUI breath test can be a hard choice to make in an already intimidating, pressure-filled situation, but it’s most likely the right thing to do.

You don’t know anything about that machine known as the “breathalyzer.” (The actual name for South Carolina’s breath test machine is the DataMaster.) And don’t forget who asked you to take the test—the officers who want to convict you. Do you really think it’s intended to help you? How do you know it even works?

You’re likely better off fighting it at trial—with a skilled advocate to level the playing field for you. You’ve got rights.

At your DUI trial, the judge should instruct the jury along these lines:

  • You, as a citizen charged with a crime, never have to prove your innocence. You don’t have to produce a shred of evidence or a word of testimony. Instead, the police must prove you guilty beyond a reasonable doubt.
  • You have the legal right to refuse the test.

The jury is free to decide what importance they want to place on your refusal to take the breath test. That’s why you need an experienced DUI trial lawyer who can explain the refusal in your favor. There are solid reasons we’ve presented at trial for years.

In our experience, refusing the test removes the focus from an untrustworthy, malfunctioning machine and puts it on what DUIs are really about: your driving and whether you acted impaired.

It’s not about field sobriety tests, either.

To win, you need a professional to find the defenses you don’t even know about. For more on those and questions you should be asking, check out my FREE DUI REPORT.

You can also win your arrest suspension casebut you’ve got to act fast. Call 888-230-1841 to schedule a free strategy session to ease your mind and get you back on the road.

 

Rob Usry
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Rob is a Spartanburg, South Carolina personal injury and criminal defense lawyer.

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